WP(C) Nos. 19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & RP No. 819 of 2012 (Kerala High Court)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **MONDAY, THE 20[TH] DAY OF MAY 2024 / 30TH VAISAKHA, 1946 WP(C) NO. 19893 OF 2015** ## **PETITIONERS:** |**1**|**SUDHADEVI K.V.**| |---|---| ||**UPSA, VARAM UP SCHOOL, PO VARAM,**| ||**AGED 34 YEARS, W/O.P.VINOD KUMAR,**| ||**RESIDING AT NANDANAM, POTHERYPARAMBA,**| ||**P.O.MUNDAYAD, KANNUR DISTRICT.**| |**2**|**SANILA E,**| ||**UPSA, VARAM UP SCHOOL, PO VARAM,**| ||**AGED 35 YEARS, W/O.M.MANOHARAN,**| ||**RESIDING AT LEELAKRISHNA NIVAS, KALLUR MATTANUR,**| ||**P.O.KEECHERI, KANNUR DISTRICT.**| |**3**|**NISHA M.V**| ||**UPSA, VARAM UP SCHOOL, PO VARAM,**| ||**AGED 35 YEARS, W/O.BIJU.M, MAVILAVEEDU,**| ||**ELAYAVOOR, P.O.VARAM, KANNUR DISTRICT.**| ||**BY ADVS.**| ||**SURESH KUMAR KODOTH**| ||**ARAVINDAKSHAN PILLAY S.P.**| ||**SANTHA N.**| ||**BALAN K.A.**| ||**VARGHESE V.**| ||**PETER JOSE CHRISTO**| ||**ANAND S.A.**| ||**ANNAPOORNA L.**| ## **RESPONDENTS:** - **1 ASSISTANT EDUCATIONAL OFFICER, KANNUR NORTH, KANNUR DISTRICT-670 002.** - **2 DISTRICT EDUCATIONAL OFFICER, KANNUR, KANNUR DISTRICT- 670 002.** - **3 DIRECTOR OF PUBLIC INSTRUCTIONS, PUBLIC INSTRUCTION DIRECTORATE, THIRUVANANTHAPURAM-695 001.** W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 2 :- - **4 STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001.** - **5 MANAGER, VARAM UP SCHOOL, PO.VARAM, KANNUR DISTRICT-670 594.** - **BY ADV.BIJOY CHANDRAN, SR.GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 20.05.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 3 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **MONDAY, THE 20[TH] DAY OF MAY 2024 / 30TH VAISAKHA, 1946 WP(C) NO. 24780 OF 2012** ## **PETITIONER:** **SHYNA K.P.** **U.P.S.A., VARAM U.P. SCHOOL, P.O. VARAM, KANNUR - 670 594 BY ADV SRI.KALEESWARAM RAJ** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT THIRUVANANTHAPURAM - 695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM - 695 001.** - **3 THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM - 695 001.** - **4 DEPUTY DIRECTOR OF EDUCATION KANNUR - 670001.** - **5 DISTRICT EDUCATIONAL OFFICER KANNUR - 670 001.** - **6 ASSISTANT EDUCATIONAL OFFICER KANNUR - 670 001** - **7 THE MANAGER VARAM U.P. SCHOOL, P.O. VARAM, KANNUR-670 594.** - **8 NADIRA, TEACHER UNAPPROVED, VARAM U.P. SCHOOL, P.O. VARAM, KANNUR-670 594.** W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 4 :- - **9 POURNAMI P.K., TEACHER (UNAPPROVED), VARAM U.P. SCHOOL, P.O. VARAM, KANNUR-670 594.** - **10 SUDHA DEVI K.V. TEACHER (UNAPPROVED), VARAM U.P. SCHOOL, P.O. VARAM, KANNUR-670 594.** - **11 SANILA E., TEACHER (UNAPPROVED), VARAM U.P. SCHOOL, P.O. VARAM, KANNUR-670 594.** - **12 NISHA M.V., TEACHER (UNAPPROVED), VARAM U.P. SCHOOL, P.O. VARAM, KANNUR-670 594.** **BY ADVS. SRI.GOVIND K.BHARATHAN (SR.) SRI.V.A.MUHAMMED SRI.M.SAJJAD ARAVINDAKSHAN PILLAY S.P. SANTHA N. VARGHESE V. PETER JOSE CHRISTO ANAND S.A. REMYA K.N. ANNAPOORNA L. BY ADV.BIJOY CHANDRAN, SR.GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 20.05.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 5 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **MONDAY, THE 20[TH] DAY OF MAY 2024 / 30TH VAISAKHA, 1946 WP(C) NO. 16061 OF 2013** ## **PETITIONER:** **DIVYA.K., U.P.S.A, VARAM U.P SCHOOL, P.O, VARAM, KANNUR 670594 BY ADV SRI.KALEESWARAM RAJ** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM 695001** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM 695001** - **3 THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM 695001** - **4 DEPUTY DIRECTOR OF EDUCATION KANNUR 670001** - **5 DISTRICT EDUCATIONAL OFFICER KANNUR 670001** - **6 ASSITANT EDUCATIONAL OFFICER KANNUR 670001** - **7 THE MANAGER VARMA U.P SCHOOL, P.O, VARAM, KANNUR 670594** - **8 NADIRA, TEACHER (UNAPPROVED), VARAM U.P SCHOOL P.O VARAM, KANNUR 670594** W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 6 :- - **9 POURNAMI P.K TEACHER (UNAPPROVED), VARAM U.P SCHOOL P.O VARAM, KANNUR 670594** - **10 SUDHA DEVI K.V TEACHER (UNAPPROVED), VARAM U.P SCHOOL P.O VARAM, KANNUR 670594** - **11 SANILA.E TEACHER (UNAPPROVED), VARAM U.P SCHOOL P.O VARAM, KANNUR 670594** - **12 NISHA M.V TEACHER (UNAPPROVED), VARAM U.P SCHOOL P.O VARAM, KANNUR 670594 BY ADVS. BY ADV.BIJOY CHANDRAN, SR.GP ARAVINDAKSHAN PILLAY S.P. SANTHA N. BALAN K.A. VARGHESE V. PETER JOSE CHRISTO REMYA K.N.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 20.05.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 7 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **MONDAY, THE 20[TH] DAY OF MAY 2024 / 30TH VAISAKHA, 1946** ## **WP(C) NO. 7089 OF 2016** ## **PETITIONERS:** - **1 SHYNA K.P., UPSA, VARAM U.P.SCHOOL, P.O.VARAM, KANNUR-670 594.** - **2 K.DIVYA, UPSA, VARAM U.P.SCHOOL, P.O.VARAM, KANNUR-670 594. BY ADV SRI.KALEESWARAM RAJ** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695 001.** - **3 THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695 001.** - **4 DEPUTY DIRECTOR OF EDUCATION KANNUR-670 001.** - **5 DISTRICT EDUCATIONAL OFFICER KANNUR-670 001.** - **6 ASSISTANT EDUCATIONAL OFFICER KANNUR-670 001.** - **7 THE MANAGER VARAM U.P.SCHOOL, P.O.VARAM, KANNUR-670 594.** W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 8 :- - **8 NADIRA UPSA, VARAM U.P.SCHOOL, P.O.VARAM, KANNUR-670 594.** - **9 POURNAMI P.K. UPSA, VARAM U.P.SCHOOL, P.O.VARAM, KANNUR-670 594.** - **10 SUDHA DEVI K.N. UPSA, VARAM U.P.SCHOOL, P.O.VARAM, KANNUR-670 594.** - **11 SANILA E. UPSA, VARAM U.P.SCHOOL, P.O.VARAM, KANNUR-670 594.** - **12 NISHA M.V. UPSA, VARAM U.P.SCHOOL, P.O.VARAM, KANNUR-670 594.** - **BY ADV SRI.SURESH KUMAR KODOTH BY ADV.BIJOY CHANDRAN, SR.GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 20.05.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 9 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **MONDAY, THE 20[TH] DAY OF MAY 2024 / 30TH VAISAKHA, 1946** ## **RP NO. 819 OF 2012** **AGAINST THE ORDER DATED 23.02.2012 IN WPC NO.8476 OF** **2011 OF HIGH COURT OF KERALA** ## **REVIEW PETITIONERS:** - **1 SHINDA K. U.P.S.A VAROM U.P SCHOOL, P.O VARAM, KANNUR 670 594.** - **2 REESHA SUKUMARAN U.P.S.A VAROM U.P SCHOOL, P.O VARAM, KANNUR 670 594.** - **3 RADHA M U.P.S.A VAROM U.P SCHOOL, P.O VARAM, KANNUR 670 594.** - **4 JISHA M U.P.S.A VAROM U.P SCHOOL, P.O VARAM, KANNUR 670 594. BY ADV SRI.KALEESWARAM RAJ** ## **RESPONDENTS:** - **1 LISSY K. U.P.S.A VAROM U.P SCHOOL, P.O VARAM, KANNUR 670 594.** - **2 NADEERA M.K LPSA, VAROM U.P SCHOOL, P.O VARAM, KANNUR 670 594.** W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 10 :- - **3 SUDHADEVI K.V U.P.S.A VAROM U.P SCHOOL, P.O VARAM, KANNUR 670 594.** - **4 PURNAMI P.K U.P.S.A VAROM U.P SCHOOL, P.O VARAM, KANNUR 670 594.** - **5 SANILA E U.P.S.A VAROM U.P SCHOOL, P.O VARAM, KANNUR 670 594.** - **6 NISHA M.V U.P.S.A VAROM U.P SCHOOL, P.O VARAM, KANNUR 670 594.** - **7 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM 695 001.** - **8 DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM 695 014.** - **9 DEPUTY DIRECTOR OF EDUCATION KANNUR 670 002.** - **10 DISTRICT EDUCATIONAL OFFICER KANNUR 670 002.** - **11 ASSISTANT EDUCATIONAL OFFICER KANNUR NORTH, KANNUR 670 002.** - **12 THE MANAGER VAROM U.P SCHOOL, P.O VARAM, KANNUR 670 594. BY ADVS.** - **SRI.GEORGE POONTHOTTAM SRI.V.C.JAMES** **SRI.K.KUNHIKRISHNAN SRI.SURESH KUMAR KODOTH BY ADV.BIJOY CHANDRAN, SR.GP** **THIS REVIEW PETITION HAVING COME UP FOR HEARING ON 20.05.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **SATHISH NINAN, J.** **= = = = = = = = = = = = = = = = = = W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 &** ## **R.P.No.819 of 2012** **= = = = = = = = = = = = = = = = = = Dated this the 20[th] day of May, 2024** ## **JUDGMENT** The issue involved in these writ petitions is essentially, whether it is with the Government or the Manager of the school who has to bear the liability to pay the salary to the petitioners in W.P.19893 of 2015, for the period from 03.06.2008 till 31.12.2012. For the sake of convenience the petitioners in W.P.19893 of 2015 are herein after referred to as “the petitioners”. 2. The 5[th] respondent is the Manager of Vaaram Aided School, Kannur. The petitioners (3 in number) and 3 others were appointed by the 5[th] respondent in the school as UPSA from 17.07.2007 against “anticipated vacancies”. The authorities refused to approve the W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 2 :- appointments. Subsequently in the year 2008-09, two promotion vacancies arose in the school. However, without accommodating the petitioners to the said vacancies, one Shyna and Divya, who are the petitioners in W.P(c).No. 24780 of 2012 and W.P(c).No. 7089 of 2016 were appointed. Their appointments were approved. 3. The petitioners challenged the approval order before the District Educational Officer. The DEO on 21.05.2012 passed Ext.P4 order requiring Smt.Shyna and Smt.Divya to show-cause why their appointments shall not be cancelled and requiring the Manager to show-cause why action should not be taken against him for violation of Government orders. 4. Smt.Shyna and Smt.Divya challenged the order before the Government. The petitioners also challenged the same, since the order did not contain any directions with regard to their appointments. The Government issued W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 3 :- Ext.P5 order on the revision petition filed by Smt.Shyna and Smt.Divya rejecting their revision, and directing the provisional order (Ext.P4) to be confirmed. The revision petitions filed by the petitioners were allowed as per Ext.P6. It was ordered as follows; _“Government have examined the matter in detail. As per Rule 51 of Chapter XIV A KER, it is not fair and not legally correct to approve the appointment of junior teachers when cases of the seniors are pending for approval. The action of the Manager in having given appointment to respondents 6 and 7 overlooking the claim of the petitioners is illegal and injustice. Hence, the Assistant Educational Officer, Kanur is directed to shall review and revise the seniority of teachers in the order of date of appointment and given necessary approval as on occurrence of vacancies._ 5. Thereafter, the Additional Director issued Ext.P8 order dated 25.03.2013 cancelling the appointments of Smt.Shyna and Smt.Divya w.e.f. 02.06.2008 and 03.06.2008 respectively. W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 4 :- 6. Pursuant thereto, the Assistant Educational Officer issued Ext.P9 order but, without accommodating the petitioners in the available vacancies of the year 2008-09. The petitioners preferred statutory appeals before the District Educational Officer. The District Educational Officer passed Ext.P12 order dated 02.06.2014 ordering approval. This was followed by Exts.P15 to P17 orders of the Assistant Educational Officer approving the appointment w.e.f. 02.06.2008 with regard to petitioners 1 and 3 and from 03.06.2008 with regard to the 2[nd] petitioner. However, Exts.P15 to P17 orders directed that the question of payment of arrears from the said dates of approval shall be decided on obtaining clarification from the Government/Director of Public Instructions. Smt.Shyna and Smt.Divya were, consequent on their approval of appointment, being paid salary by the Government. They had also worked during W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 5 :- the relevant period. Therefore, who has to bear the additional burden of payment of salary is the question involved. 7. I have heard the learned counsel on either side. 8. The appointments of the petitioners, though stated to be made towards “anticipated vacancies”, were infact towards non-existent vacancies. The Government has affirmed the same before this Court. Though the appointments of the petitioners were in non-existent post, they were not accommodated by the Manager in the next regular vacancies that arose in the school. In Exts.P5 and P6 orders the Government noted that such action of the Manager is in violation of Rule 51 of Chapter XIVA of the Kerala Education Rules. It was held that it was not legally correct, nor fair, to approve the appointment of the junior teachers when the cases of W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 6 :- seniors are pending approval. This apparently is the principle underlying Rule 51 of Chapter XIVA KER. In _Beeba K. Nath v. State of Kerala and others [2015 (3) KLT 541]_ , this Court applied the principle of preference to seniority, in the case of dispute between two unapproved teachers. It was for the Manager to accommodate the petitioners in the next regular vacancies that arose in the school. However, without doing the same, he proceeded to appoint Smt.Shyna and Smt.Divya. Though Ext.P4 order of the Additional Director proposed action against the Manager in terms of Rule 7 of Chapter III of KER, as to what action followed is not available on record. 9. It is not in dispute that the petitioners, and also Smt.Shyna and Smt.Divya had worked in the school during the relevant period. Since the appointment of Smt.Shyna and Smt.Divya were approved, they were paid salary. Though, as per Exts.P15 to P17, the appointment W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 7 :- of the petitioners were ordered to be approved from June, 2008, their salary remained unpaid. 10. Evidently, as held by the statutory authorities, the Manager made appointments flouting the relevant orders. Even in these writ petitions, there is no effective representation on his behalf. He has chosen to enter appearance only in one writ petition namely, W.P.(C)No.19893 of 2015. He has not chosen to explain his stand. 11. Smt.Shyna and Smt.Divya having worked during the relevant period, it is not necessary or proper at this distance of time to recover the salary already paid to them by the Government. However, as held by the statutory authorities, they cannot claim seniority over the petitioners. As regards the salary payable to the petitioners, the Manager, who has made appointments to the non-existent posts and by his conduct has caused W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 8 :- approval and payment of salary to junior teachers, is liable to pay the salary of the petitioners. The same is liable to be recovered by the statutory authorities from the Manager through revenue recovery proceedings and disbursed to the petitioners. The writ petitions are liable to be ordered on the above terms. 12. Coming to R.P.No.819 of 2012, in W.P. (C)No.8476 of 2011, this Court had directed the petitioners to be accommodated in the regular vacancies of the year 2008-09. The review petitioners claimed to be the appointees to the vacancies that occurred in the said year. It is their grievance that they will be affected consequent to the directions in the judgment and that the judgment was passed without hearing them. As held earlier, in the matter of appointment and approval, senior unapproved teachers are to be given preference and priority over juniors. The review W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 **==> picture [34 x 9] intentionally omitted <==** petitioners being juniors, they have to wait till the approval of the earlier appointed teachers. The necessary consequence would follow. If the review petitioners had been working in the post but have not been paid the salary, it is for them to take appropriate steps with regard to the same against the concerned, in accordance with the law. Subject to such observations, the review petition is dismissed. Hence, the writ petitions and the review petition are ordered as above. Sd/- **SATHISH NINAN** **JUDGE** yd W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 10 :- ## **APPENDIX OF WP(C) 19893/2015** |**PETITIONER EXHIBITS**||| |---|---|---| |**EXHIBIT P1**|**TRUE COPY OF THE APPOINTMENT ORDER**|| ||**ISSUED BY THE 5TH RESPONDENT DATED**|| ||**17.7.2007.**|| |**EXHIBIT P2**|**TRUE COPIES OF THE APPOINTMENT ORDER**|| ||**ISSUED BY THE 5TH RESPONDENT DATED**|| ||**17.7.2007.**|| |**EXHIBIT P3**|**TRUE COPIES OF THE APPOINTMENT ORDER**|| ||**ISSUED BY THE 5TH RESPONDENT DATED**|| ||**17.7.2007.**|| |**EXHIBIT P4**|**TRUE**<br>**COPY**<br>**OF**<br>**THE**|**ORDER**| ||**NO.G4/78244/10/DPI**<br>**DATED**|**25.1.2012**| ||**ISSUED BY THE THIRD RESPONDENT.**|| |**EXHIBIT P5**|**TRUE COPY OF GO(RT)NO.3893 DATED**|| ||**13.8.2012.**|| |**EXHIBIT P6**|**TRUE COPY OF GO(RT)NO.3967/2012/G.EDN**|| ||**DATED 16.8.2012.**|| |**EXHIBIT P7**|**TRUE COPY OF JUDGMENT IN WP[C]NO.8476 OF**|| ||**2011 DATED 23.2.2012.**|| |**EXHIBIT P8**|**TRUE**<br>**COPY**<br>**OF**<br>**THE**|**ORDER**| ||**NO.G4/78244/2010/DPI DATED **|**25.3.2013**| ||**ISSUED BY THIRD RESPONDENT.**|| |**EXHIBIT P9**|**TRUE COPY OF THE ORDER NO.F/4544/10**|| ||**DATED 29.3.2013.**|| |**EXHIBIT P9(A)**|**TRUE COPY OF THE ORDER OF **|**APPROVAL**| ||**GRANTED TO FIRST PETITIONER.**|| |**EXHIBIT P10**|**TRUE COPY OF THE APPEAL DATED**|**8.5.2013**| ||**FILED BY THE FIRST PETITIONER.**|| |**EXHIBIT P11**|**TRUE COPY OF THE JUDGMENT DATED**|| ||**18.2.2014 IN WP[C]NO.4817/2014.**|| |**EXHIBIT P12**|**TRUE COPY OF THE ORDER DATED**|**2.6.2014**| ||**ISSUED BY 2ND RESPONDENT.**|| |**EXHIBIT P13**|**TRUE COPY OF THE APPEAL DATED**|**21.8.2014**| ||**FILED BY THE PETITIONERS.**|| W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 11 :- **EXHIBIT P14** **EXHIBIT P15** **EXHIBIT P16** **EXHIBIT P17** **EXHIBIT P18** **TRUE COPY OF JUDGMENT DATED 19.1.2015 IN WP[C]NO.32117/2014.** **TRUE COPY OF ORDER DATED 9.3.2015 APPROVING APPOINTMENT OF FIRST PETITIONER.** **TRUE COPY OF ORDER DATED 9.3.2015 APPROVING APPOINTMENT OF 2ND PETITIONER. TRUE COPY OF ORDER DATED 9.3.2015 APPROVING APPOINTMENT OF 2ND PETITIONER. TRUE COPY OF REPRESENTED DATED 4.4.2015 SUBMITTED BEFORE THE GOVERNMENT.** W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 12 :- ## **APPENDIX OF WP(C) 24780/2012** **PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 02.06.2008 PERTAINING TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 17.02.2010 IN W.P.(c) NO.5225/2010. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 09.06.2010. ISSUED BY THE 5TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 27.12.2010. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 25.01.2012 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF THE UNDATED EXPLANATION SUBMITTED BY THE PETITIONER. EXHIBIT P7 TRUE COPY OF THE REVISION PETITION DATED 11.02.2012 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 14.02.2012 IN W.P.(C) NO.3749/2012. EXHIBIT P9 TRUE COPY OF G.O(RT) NO.3893/2012 DATED 13.08.2012. EXHIBIT P10 TRUE COPY OF LETTER NO.GEDN.P3/106/2017G-EDN DATED 28.3.2018 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P11 TRUE COPY OF THE ORDER NO.F/4544/2012 DATED 25.01.2013 ISSUED BY THE 6TH RESPONDENT. 7TH RESPONDENT EXHIBITS EXHIBIT R7(A) TRUE COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK.** **1ST RESPONDENT EXHIBITS EXHIBIT R1(A) TRUE COPY OF G.O(RT) NO.3967/2012/G.EDN DATED 16.08.2012.** W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 13 :- **G.O(RT)NO.214/2013/G.EDN DATED 17.01.2013.** **EXHIBIT R1(B) G.O(RT)NO.214/2013/G.EDN DATED 17.01.2013. EXHIBIT R1(C) TRUE COPY OF ORDER NO.G4/78244/2010/DPI DATED 25.03.2013 ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTION.** **10TH RESPONDENT EXHIBITS EXHIBIT R10(A) TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT DATED 17.07.2007.** **EXHIBIT R10(B) TRUE COPY OF THE REPRESENTTATION DATED 15.02.2010. EXHIBIT R10(C) TRUE COPY OF THE ORDER DATED 03.03.2010. EXHIBIT R10(D) TRUE COPY OF THE PETITION DATED 12.03.2010 SUBMITTED BEFORE THE 2ND RESPONDENT.** - **EXHIBIT R10(E) TRUE COPY OF THE ATTENDANCE REGISTER OBTAINED UNDER THE RIGHT TO INFORMATION ACT.** - **EXHIBIT R10(F) TRUE COPY OF THE ORDER DATED 28.07.2010 PASSED BY THE 2ND RESPONDENT.** - **EXHIBIT R10(G) TRUE COPY OF THE PETITION DATED 20.08.2010 FILED BY THE PETITIONER ALONG WITH OTHERS.** - **EXHIBIT R10(H) TRUE COPY OF G.O.(RT).NO.3967/2012/GEDN DATED 16.08.2012.** **11TH RESPONDENT EXHIBITS** **EXHIBIT R11(A) TRUE COPY OF THE APPOINTMENT ORDER OF THE 12TH RESPONDENT ISSUED BY THE MANAGER ON 17.07.2007.** **EXHIBIT R11(B) TRUE COPY OF THE PETITION DATED 15.02.2010 FILED BY THE 11TH RESPONDENT.** W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 14 :- **EXHIBIT R11(C)** **EXHIBIT R11(D) EXHIBIT R11(E)** **EXHIBIT R11(F)** **EXHIBIT R11(G)** **EXHIBIT R11(H)** **EXHIBIT R11(I)** **EXHIBIT R11(J)** **EXHIBIT R11(K)** **EXHIBIT R11(L)** **EXHIBIT R11(M)** **TRUE COPY OF THE PETITION DATED 15.02.2010 PREFERRED BY THE 12TH RESPONDENT.** **TRUE COPY OF THE ORDER DATED 03.03.2010.** **TRUE COPY OF THE ATTENDANCE REGISTER OBTAINED UNDER THE RIGHT TO INFORMATION ACT.** **TRUE COPY OF THE ORDER DATED 04.06.2008 PASSED BY THE DEO REJECTING APPEAL FILED BY THE 11TH RESPONDENT.** **TRUE COPY OF THE ORDER DATED 27.05.2008 PASSED BY DEO REJECTING APPEAL FILED BY THE 12TH RESPONDENT.** **TRUE COPY OF REVISION PETITION DATED 20.08.2010.** **TRUE COPY OF GO(RT)NO.3967/2012/GEDN DATED 16.08.2012.** **TRUE COPY OF THE JUDGMENT DATED 23.02.2012 IN W.P.(C)NO.8476/2011.** **TRUE COPY OF THE COMMUNICATION DATED 19.10.2012 ISSUED BY GOVERNMENT.** **TRUE COPY OF THE ORDER DATED 25.03.2013 ISSUED BY DPI CANCELLING APPOINTMENT OF WRIT PETITIONER.** **TRUE COPY OF THE ORDER DATED 29.03.2013 ISSUED BY AEO.** W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 15 :- ## **APPENDIX OF WP(C) 16061/2013** |**PETITIONER EXHIBITS**|| |---|---| |**EXHIBIT P1**|**TRUE COPY OF THE APPOINTMENT ORDER DATED**| ||**03-06-2008**| |**EXHIBIT P2**|**TRUE COPY OF THE JUDGMENT DATED 17-02-**| ||**2010 IN WPC NO 5225 OF 2010**| |**EXHIBIT P3**|**TRUE COPY OF THE ORDER DATED 09-06-2010**| ||**ISSUED BY THE 5TH REPSONDENT**| |**EXHIBIT P4**|**TRUE COPY OF THE ORDER DATED 27-12-2010**| |**EXHIBIT P5**|**TRUE COPY OF THE ORDER DATED 25-01-2012**| ||**ISSUED BY THE 3RD RESPONDENT**| |**EXHIBIT P6**|**TRUE COPY OF THE UNDATED EXPLANATION**| ||**SUBMITTED BY THE PETITONER**| |**EXHIBIT P7**|**TRUE COPY OF THE REVISION PETIION DATED**| ||**11-02-2012 SUBMITTED BEF0RE THE IST**| ||**RESPONDENT**| |**EXHIBIT P8**|**TRUE COPY OF THE JUDGMENT DATED 14-02-**| ||**2012 IN WPC NO 3749/2012**| |**EXHIBIT P9**|**TRUE COPY OF THE G.O (RT) NO 3893/12/**| ||**EDN DATED 13-08-2012**| |**EXHIBIT P10**|**TRUE COPY OF THE G.O (RT) NO**| ||**3967/12/G.EDN DATED 16-08-2012**| |**EXHIBIT P11**|**TRUE COPY OF THE LETTER NO F/4544/2012**| ||**DATED 18-12-2012 ISSUED BY THE 6TH**| ||**REPSONDENT**| |**EXHIBIT P12**|**TRUE COPY OF THE ORDER NO F/4544/10**| ||**DATED 25-01-2013 ISSUED BY THE 6TH**| ||**RESPONDENT**| |**EXHIBIT P13**|**TRUE COPY OF THE INTERIM ORDER DATED 26-**| ||**03-2013 IN WPC 24780/2012**| |**EXHIBIT P14**|**TRUE**<br>**COPY**<br>**OF**<br>**THE**<br>**ORDER**<br>**NO**| ||**G4/78244/10/DPI DATED 25-03-2013**| |**EXHIBIT P15**|**TRUE COPY OF G.O.(P)NO.29/2016/G.EDN**| ||**DATED 29.01.2016**| W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 16 :- **EXHIBIT P16 TRUE COPY OF LETTER NO.GEDN.P3/106/2017G.EDN DATED 28.03.2018 ISSUED BY THE 1ST RESPONDENT.** ## **10TH RESPONDENT EXHIBITS:** **EXHIBIT P10(A)** **EXHIBIT P10(B)** **EXHIBIT P10(C)** **EXHIBIT P10(D)** **TRUE COPY OF THE APPOINTMENT ORDER OF 10TH RESPONDENT ISSUED BY THE MANAGER ON 17.07.2007.** **TRUE COPY OF THE PETITION DATED 15.02.2010 FILED BY THE 10TH RESPONDENT.** **TRUE COPY OF THE PETITION DATED 15.02.2010 PREFERRED BY THE 11TH RESPONDENT.** **TRUE COPY OF THE PETITION DATED 15.02.2010 PREFERRED BY THE 12TH RESPONDENT.** **EXHIBIT P10(E) TRUE COPY OF THE ORDER DATED 03.03.2010 PASSED BY AEO.** **EXHIBIT P10(F)** **TRUE COPY OF THE ATTENDANCE REGISTER OBTAINED UNDER THE RIGHT TO INFORMATION ACT.** **EXHIBIT P10(G) TRUE COPY OF THE ORDER DATED 04.06.2008 PASSED BY THE DEO REJECTING APEAL FILED BY THE 11TH RESPONDENT.** **EXHIBIT P10(H) TRUE COPY OF THE ORDER DATED 27.05.2008 PASSED BY DEO REJECTING APPEAL FILED BY THE 12TH RESPONDENT.** **EXHIBIT P10(I) TRUE COPY OF REVISION PETITION DATED 20.08.2010.** **EXHIBIT P10(J) TRUE COPY OF THE INTERIM ORDER DATED 9TH SEPTEMBER 2013 IN I.A.NO.12043 OF 2013 IN W.P.(C)NO.24780 OF 2012.** **EXHIBIT P10(K) TRUE COPY OF JUDGMENT DATED 23.02.2012 IN W.P.(C)NO.8476 OF 2011.** **EXHIBIT P10(L) TRUE COPY OF THE COMMUNICATION DATED 19.10.2012 ISSUED BY THE GOVERNMENT. EXHIBIT P10(M) TRUE COPY OF THE ORDER DATED 29.03.2013 ISSUED BY AEO.** W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 17 :- ## **APPENDIX OF WP(C) 7089/2016** |**PETITIONER EXHIBITS**||||| |---|---|---|---|---| |**EXHIBIT P1**|**COPY**<br>**OF**|**THE**|**APPOINTMENT**|**ORDER**| ||**DTD.2.6.2008.**|||| |**EXHIBIT P2**|**COPY**<br>**OF**|**THE**|**APPOINTMENT**|**ORDER**| ||**DTD.3.6.2008.**|||| |**EXHIBIT P3**|**COPY**<br>**OF**|**GO(RT)NO.3893/2012/G.EDN.**||| ||**DTD.13.8.2012.**|||| |**EXHIBIT P4**|**COPY**<br>**OF**|**GO(RT)NO.3967/2012/G.EDN.**||| ||**DTD.16.8.2012.**|||| |**EXHIBIT P5**|**COPY OF THE LETTER**||**DTD.12.10.2015.**|| |**EXHIBIT P6**|**COPY OF THE LETTER**||**DTD.2.2.2016.**|| W.P.(C)Nos.19893 of 2015, 24780 of 2012, 16061 of 2013 and 7089 of 2016 & R.P.No.819 of 2012 -: 18 :- ## **APPENDIX OF RP 819/2012** ## **PETITIONER ANNEXURES** |**ANNEXURE I**|**TRUE COPY OF THE APPOINTMENT ORDER OF**| |---|---| ||**THE 1ST PETITIONER.**| |**ANNEXURE II**|**TRUE COPY OF THE APPOINTMENT ORDER OF**| ||**THE 2ND PETITIONER.**| |**ANNEXURE III**|**TRUE COPY OF THE APPOINTMENT ORDER OF**| ||**THE 3RD PETITIONER.**| |**ANNEXURE IV**|**TRUE COPY OF THE APPOINTMENT ORDER OF**| ||**THE 4TH PETITIONER.**| |**ANNEXURE V**|**TRUE COPY OF THE APPOINTMENT ORDER OF**| ||**THE 5TH PETITIONER.**| |**ANNEXURE VI**|**TRUE COPY OF THE RELEVANT PAGES OF THE**| ||**STAFF FIXATION ORDER**|